Food and Drug Administration v. Alliance for Hippocratic Medicine -- Amicus Curiae Brief Before the United States Supreme Court

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Women Enabled International (WEI), the Disability Rights Education and Defense Fund (DREDF), and Allen & Overy LLP filed an amicus brief on behalf of twelve disability rights organizations and scholars in the United States Supreme Court, advocating for a return to the use of updated regulations for mifepristone, a drug used to carry out medication abortion, that improved access to safe abortion. The brief highlights the disproportionate impact that medically unnecessary restrictions on medication abortion have on people with disabilities.

WEI, DREDF, and Allen & Overy’s amicus brief highlights that:

  • Restricted access to mifepristone creates a healthcare crisis that disproportionately harms people with disabilities. People with disabilities are more at risk for severe maternal morbidities and maternal mortality during their pregnancies than non-disabled people and pregnancy can worsen disability-related health outcomes.
  • Unnecessary restrictions to mifepristone exacerbate the harms that people with disabilities already encounter in terms of physical barriers to accessing abortion care (such as inaccessible medical clinics and non-existent adaptive equipment). Telehealth abortion appointments and mailed prescriptions give people with disabilities the option to access care without the delays of navigating inaccessible facilities.
  • Without expanded options for medication abortion care, people with disabilities will continue to experience transportation and logistical barriers to reproductive health care that raise privacy, abuse, and coercion concerns. Inaccessible travel options and logistical barriers like transportation reliance on third parties place people with disabilities at risk for reproductive coercion and compromise their medical privacy.
  • Regulation of mifepristone that is not supported by medical research further harms people with disabilities who already face disproportionate financial barriers and medical system discrimination.

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